| Washington Mutual Bank v Wade |
| Motion No: 2012-00666 |
| Slip Opinion No: 2013 NY Slip Op 66866(U) |
| Decided on March 8, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M152623
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-00666, 2012-03831 Washington Mutual Bank, respondent, v Vernon Wade, et al., defendants, Kathryn Westbrooks, appellant. (Index No. 1035/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the appellant's appendix on appeals from two orders of the Supreme Court, Nassau County, dated November 23, 2011, and February 14, 2012, respectively, on the grounds that it contains matter dehors the record and is inadequate, to strike the appellant's brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is it is
ORDERED that the branches of the motion which are to strike the appellant's appendix and to strike the appellant's brief are granted, and on or before April 8, 2013, the appellant shall serve and file a replacement appendix which does not contain matter dehors the record and contains the complaint and those portions of the motion papers, including the papers filed in opposition to the motions which resulted in the orders dated November 23, 2011, and February 14, 2012, necessary to permit the Court to fully consider the issues (see 22 NYCRR 670.10.2 [c][1]) and serve and file a replacement brief which does not refer to matter dehors the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for the same relief are granted, the respondent's time to serve and file a brief is enlarged until May 8, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court